University of California, Hastings College of the Law
UC Hastings Scholarship Repository
Propositions
California Ballot Propositions and Initiatives
1998
Partisan Presidential Primary Elections.
Follow this and additional works at: http://repository.uchastings.edu/ca_ballot_props
Recommended Citation
Partisan Presidential Primary Elections. California Proposition 3 (1998).
http://repository.uchastings.edu/ca_ballot_props/1155
This Proposition is brought to you for free and open access by the California Ballot Propositions and Initiatives at UC Hastings Scholarship Repository.
It has been accepted for inclusion in Propositions by an authorized administrator of UC Hastings Scholarship Repository. For more information, please
contact [email protected].
Partisan Presidential Primary Elections.
Legislative Initiative Amendment.
Official Title and Summary Prepared by the Attorney General
•
PARTISAN PRESIDENTIAL PRIMARY ELECTIONS.
LEGISLATIVE INITIATIVE AMENDMENT.
• Changes existing open primary law to require closed, partisan primary for purpose of selecting delegates to
presidential nominating conventions of national political parties.
• Limits voting for such delegates to voters registered by party affiliation.
• Requires separate partisan ballots for selection of such delegates.
• Restricts voting of such partisan ballots to members of the particular political party.
Summary of Legislative Analyst's
Estimate of Net State and Local Government Fiscal Impact:
• Minor costs to state government.
• Minor costs to county governments statewide.
Final Votes Cast by the Legislature on SB 1505 (Proposition 3)
Assembly: Ayes 52
Noes 12
12
Senate: Ayes 28
Noes 0
G98
Analysis by the Legislative Analyst
delegates to a party's presidential nominating
Background
In general, California has three types of elections: convention. Those delegates, along with delegates from
primary, general, and special. Primary elections are held other states, select the nominees of their respective
both for partisan offices, where candidates are identified political party for President and Vice President of the
on the ballot with a political party, and nonpartisan United States at a party nominating convention.
offices, where candidates are not identified with a Proposal
political party. When registering to vote or transferring
Under this measure, a voter could not cross party lines
voter registration, each voter is authorized to affiliate
,when
voting for delegates to a political party's
with a political party, or may decline to state a political
presidential nominating convention. A voter would only
affiliation.
be permitted to vote for delegates to a presidential
Proposition 198, adopted by the voters at the March
nominating convention of a political party with which the
1996 election, allows all voters in primary elections,
voter is affiliated.
including those not affiliated with a political party, to
Accordingly, county elections officials would be
vote for any candidate for a specific office regardless of
required
by this measure to prepare additional and
the candidate's political party affiliation. Thus, a voter at
separate partisan presidential primary ballots for the
a primary election is allowed to vote for candidates across
party lines. The candidate of each political party who selection of delegates to presidential nominating
conventions for the sole use of persons registered with
receives the most votes for a state elective office becomes
that political party.
the nominee of that party at the next general election.
Accordingly, county elections officials prepare a ballot Fiscal Effect
This measure would result in minor costs to state
for all voters, and candidates for office are listed
randomly on the ballot and are not separated by political government to coordinate efforts by county election
officials to comply with the new ballot preparation
party affiliation.
These provisions do not apply to elections of political provisions. The measure also would result in minor costs
party committee members. In this case, a voter is to county governments statewide for preparing and
restricted to voting for candidates of his or her own printing additional ballots and for modifying current
political party. However, in a presidential primary, a vote-counting procedures to accommodate the required
voter is allowed to cross party lines in voting for separate partisan ballots.
For the text of Proposition 3 see page 85
G98
13
Partisan Presidential Primary Elections.
Legislative Initiative Amendment.
Argument in Favor of Proposition 3
PROPOSITION 3 MUST BE APPROVED AND
ENACTED at this statewide election-otherwise
California voters will NOT be allowed to participate in
the Year 2000 national presidential nominating process.
Without Proposition 3, California voters will have their
VOTING POWER STRIPPED AWAY! California voters
will NOT be allowed to help select their own political
. parties' presidential nominees even though voters from
the OTHER 49 states will participate. The California
delegation, which helps select the presidential nominees,
will be arbitrarily selected by BACKROOM
POLITICIANS instead of by primary voters in a
regulated process. This . is true for California's
Democrats, Republicans and members of other political
parties! THE UNITED STATES SUPREME COURT
HAS SAID SO!
Proposition 3 would enact the SAVE THE PRESIDENTIAL
PRIMARY ACT OF 199B-fixing an unintended error
contained in California's open primary law. Proposition 3
FIXES this error!
If Proposition 3 is enacted, California voters will
STILL be able to cast primary votes for any party's
candidates for U.S. senator, congressman, governor,
lieutenant governor, attorney general, state senator or
state assemblymember.
The national Democratic, Republican and other
political parties have rules which prohibit them from
accepting convention delegations elected in open primary
states. Why? Because the convention delegates do more
than just nominate presidential candidates-they also
write all the national party rules and elect the national
chairs of their own parties. The United States Supreme
Court has ruled that national political parties may
refuse, according to their own rules, to seat delegations
from open-primary states at the parties' national
presidential nominating conventions.
Proposition 3 would bring California state law into
conformity with Democratic and Republican National
Committee rules and regulations. Specifically, it would
allow California primary voters to vote only' for
presidential delegates from the political party in which
the voters are registered members. Presidential delegate
selection would be treated the same way the Open
Primary Act currently treats election of county central
committee representatives.
Surveys show that most California voters wrongly
believe that they are voting for the candidate when they
vote in a presidential primary. In all 50 states primary
voters are NOT voting for the candidate-but actually
are voting for a long slate of delegates pledged to that
candidate. The lists of delegates are maintained at the
Secretary of State's office and your county registrar of
voters. Each presidential candidate has a unique list of
pledged delegates. That pledged delegation which gets
the most votes goes to the party's national nominating
convention to join with the delegations from the other
states to help select the party's presidential nominee.
Join Democratic Senate President Pro Tempore John
Burton, Senate Republican Leader Ross Johnson,
Democratic Assembly Speaker Antonio Villaraigosa, and
Assembly Republican Leader Bill Leonard in protecting
the right of Californians to participate in national
political party nominations for president. Vote YES on
Proposition 3.
JOHN R. LEWIS
Senator, Orange County
JOHN L. BURTON
Senate President Pro Tempore, San Francisco
BRUCE HERSCHENSOHN
Rebuttal to Argument in Favor of Proposition 3
In the argument favoring Proposition 3, its proponents
state that unless Proposition 3 passes, California voters
will not be allowed to participate in the Presidential
nominating process. Yet later in the argument the
proponents state that the political parties may refuse to
seat delegates from open-primary states. In fact, both
parties have mechanisms in their rules to allow for
California delegates to be seated.
The truth is that there are 24 states with some version
of the open primary. And California voters passed the
open primary in 1996 by 60% of the vote.
The National political party bosses are not going to
frustrate the voters of California by refusing to honor
their vote. We Californians represent over 10% of the
14
nation's Presidential votes. Our .voice must and will be
heard.
To pass Proposition 3 means that independent voters
(those not registered in any party) cannot vote in the
Presidential primary. Neither can voters registered in
one party cross over and vote for a candidate from
another party. Proposition 3 is yet another attempt by
political power brokers to overturn the will of the voters.
Let democracy have its full voice. Vote No on
Proposition 3.
JACK SCOTT
Assemblymember, 44th District
Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency.
G9B
Partisan Presidential Primary Elections.
Legislative Initiative Amendment.
Argument Against Proposition 3
California's voters overwhelmingly approved the open
primary in 1996 and used it for the first time last June.
For the first time, ALL voters-no matter what their
party affiliation-could vote for the candidate of their
choice instead of being forced to choose between several
Republican candidates or several Democratic candidates.
Thousands of voters took the opportunity to cross
"party lines" and cast ballots for the person they thought
could best represent them in office. Independent voters
not affiliated with any political party were able to vote
for candidates in the primary for the first time.
Affording voters more choices is healthy for democracy
and good for the government of California.
We have just begun this change, and we should give it
a fair chance to work.
That's why you should VOTE NO ON PROPOSITION 3.
Proposition 3 would limit the primary election for the
most important office we decide upon: President of the
United States.
Proposition 3 would allow only voters who are
registered to vote with a particular political party to cast
ballots for the delegates that choose Presidential
nominees. Democrats would be allowed to choose only
between Democrat slates. ,Republicans would be allowed
to choose only between Republican slates.
Independent voters would not be allowed to vote for
Presidential delegates at all!
Let's not turn back the clock on reform. Let's keep
California's primary open by Voting NO on Proposition 3.
JACKSCOTI
Assemblymember, 44th District
Rebuttal to Argument Against Proposition 3
The national and state Democratic, Republican and
other parties have indicated that if Proposition 3 is not
passed, then THEY MAY ELIMINATE VOTER
PRIMARIES ALTOGETHER AND USE A CAUCUS,
CONVENTION OR BACKROOM PROCESS to select
California presidential delegates. It's their legal right!
THE OPPONENTS TO PROPOSITION 3 ARE
TERRIBLY MISINFORMED!
THEY'RE GAMBLING WITH YOUR RIGHT TO
VOTE, TRYING TO WIN A BATTLE ALREADY LOST
IN FEDERAL COURT SEVENTEEN YEARS AGO!
The Supreme Court has ruled that one state's election
laws CANNOT dictate to the political parties and other
49 states how they conduct NATIONAL business.
The opponents believe they can "bully" all national
political parties and the other states into seating the
California open-primary delegations though that
conflicts with national party rules approved by nearly all
the states.
G98
The opponents say the parties can change their rules
and seat the California delegations. THEY ARE
WRONG! The national rules CANNOT be ignored. Only
a last-minute vote, after the convention has started, by
the combined delegations of all the states on the
convention floor can seat any California open-primary
delegation. BUT THE CALIFORNIA DELEGATION
ITSELF CANNOT CAST A VOTE TO SEAT ITSELF!
PROTECT YOUR RIGHT TO CAST A MEANINGFUL
VOTE FOR PRESIDENT! Proposition 3 FIXES the Open
Primary Act so that YOUR VOTE ONCE AGAIN
COUNTS at the national level!
ANTONIO R. VILLARAIGOSA
Speaker of the California State Assembly
BILL LEONARD
Assembly Republican Leader
Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency.
15
Text of Proposed Laws-Continued
those provisions existed on October 1, 1997. Neither the county
nor the Legislature may authorize the expenditure of money in a
local transportation fund for purposes other than those specified
in this subdivision.
Proposition 3: Text of Proposed Law
This law proposed by Senate Bill 1505 (Statutes of 1998,
Chapter 147) is submitted to the people in accordance with the
provisions of Article II, Section 10 of the California
Constitution.
This proposed law amends sections of the Elections Code;
existing provisions proposed to be delet~d are printed in
strikefltlt type and new provisions proposed to be added are
printed in italic type to indicate that they are new.
PROPOSED LAW
SECTION 1. This act shall be known and may be cited as
the Save the Presidential Primary Act of 1998.
SEC. 2. Section 2151 of the Elections Code is amended to
read:
2151. At the time of registering and of transferring
registration, each elector may declare the name of the political
party with which he or she intends to affiliate at the ensuing
primary election. The name of that political party shall be
stated in the affidavit of registration and the index.
The voter registration card shall inform the affiant that any
elector may decline to state a political affiliation, and that all
properly registered voters may vote for their choice at any
primary election for any candidate for each office regardless of
political affiliation and without a declaration of political faith or
allegiance, but no person shall be entitled to vote the ballot of
any political party for delegates to a party's presidential
nominating convention unless the person has stated the name of
that party with which he or she intends to affiliate. The voter
registration card shall include a listing of all qualified political
parties.
Notwithstanding any provision to the contrary, no person
shall be permitted to vote the ballot for any elective political
party central or district committee member other than the
party designated in his or her registration, except as provided
by Section 2152.
SEC. 3. Section 13203 of the Elections Code is amended to
read:
13203. (a) Across the top of the ballot shall be printed in
heavy-faced gothic capital type not smaller than 30-point, the
words "OFFICIAL BALLOT." However, if the ballot is no wider
than a single column, the words "OFFICIAL BALLOT" may be
as small as 24-point. Beneath this heading, in the case of an
official primary election, shall be printed in 18-point boldfaced
gothic capital type the words "OFFICIAL PRIMARY BALLOT."
Beneath the heading line or lines, there shall be printed, in
, boldfa~e type as large as the width of the ballot makes possible,
the number of the congressional, Senate, and Assembly district,
the name of the county in which the ballot is to be voted, and
the date of the election.
(b) Partisan ballots used in a presidential primary election
for selection of delegates for a party's presidential nominating
convention shall prominently specify the name of the political
party.
SEC. 4. Section 13206 of the Elections Code is amended to
read:
13206. (a) On the official primary ballot used in a direct
primary election, immediately below the instructions to voters,
there shall be a box one-half inch high enclosed by a
heavy-ruled line the same as the borderline. This box shall be
as long as there are columns for the ballot and shall be set
directly above these columns. Within the box shall be printed in
24-point boldfaced gothic capital type the words ·Partisan
Offices."
(b) The same style of box described in subdivision (a) shall
G98
also appear over the columns of the nonpartisan part of the
official primary ballot and within the box in the same style and
point size of type shall be printed "Nonpartisan Offices."
(c) This section shall not apply to partisan presidential
primary ballots or ballots for elective political party central or
district committee members prepared in accordance with
Secllon 13300.
S~C. 5. Section 13300 of the Elections Code is amended to
read:
13300. (a) By at least 29 days before the primary election,
each county elections official shall prepare identical sample
ballots for each voter., ; provided, however, that (1) in the case
of ballots involving elective political party central or district
committee members, each county elections official shall prepare
separate ballots for the sole use of persons registered with that
party, as provided for in Section 2151, and (2) in the case of
partisan primary ballots involving the selection of delegates to
. the presidential nominating convention of a political party, each
county elections official shall prepare separate ballots for the
sole use of persons registered with that political party. On the
official identical primary ballots, each county elections official
shall place thereon in each case in the order provided in
Chapter 2 (commencing' with Section 13100), and under the
appropriate title of each office, the names and party affiliations
of all candidates organized randomly as provided in Section
13112 and not grouped by political party, for whom nomination
papers have been duly filed with him or her or have been
certified to him or her by the Secretary of State to be voted for
in his or her county at the primary election.
(b) The sample ballots shall be identical to the official ballots
and partisan presidential primary ballots, except as otherwise
provided by law. The sample ballots shall be printed on paper of
a different texture from the paper to be used for the official·
ballot.
(c) Except as provided in Section 13230, one sample official
primary ballot shall be mailed to each voter entitled to vote at
the primary not more than 40 nor less than 10 days before the
election.
SEC. 6. Section 13301 of the Elections Code is amended to
read:
13301. (a) At the time the county elections official prepares
sample partisan ballots for the presidential primary, he or she
shall also prepare a list with the name of candidates for
delegates for each political party. The na·mes of the candidates
for delegates of any political party shall be arranged upon the
list of candidates for delegates of that partyin parallel columns
under their preference for President. The order of groups on the
list shall be alphabetically according to the names of the
persons they prefer appear upon the ballot. Each column shall
be
headed
in
boldface
10-point,
gothic
type
as follows: "The following delegates are pledged
to
." (The blank being filled in with the name of
that candidate for presidential nominee for whom the members
of the group have expressed a preference.) The names of the
candidates for delegates shall be printed in eight-point, roman
capital type.
•
(b) Copies of the list of candidates for delegates of each party
shall be submitted by the county elections official to the
chairman of the county central committee of that party, and the
county elections official shall post a copy of each list in a
conspicuous place in his or her office.
SEC. 7. Section 13302 of the Elections Code is amended to
read:
13302. The county elections official shall forthwith submit
the sample official primary ballot and partisan primary ballot,
85
Text of Proposed Laws-Continued
if any, to the chairperson of the county central committee of
each political party, and shall mail a copy to each candidate for
whom nomination papers have been filed in his or her office or
whose name has been certified to him or her by the Secretary of
State, to the post office address as given in the nomination
paper or certification. The county elections official shall post a
copy of the sample ballot or ballots in a conspicuous place in his
or her office.
Proposition 4: Text of Proposed Law
This initiative measure is submitted to the people in
accordance with the provisions of Article II, Section 8 of the
California Constitution.
This initiative measure adds sections to the Fish and GJilme
Code; therefore, new provisions proposed to be addedfare
.printed in italic type to indicate that they are new.
.
PROPOSED LAW
SECTION 1. Section 3003.1 is added to the Fish and Game
Code, to read:
3003.1. Notwithstanding Sections 1001, 1002, 4002, 4004,
4007,4008,4009.5,4030,4034,4042,4152,4180, or 4181:
(a) It is unl.awful for any person to trap for the purposes of
recreation or commerce in fur any fur-bearing mammal or
nongame mammal with any body-gripping trap. A
body-gripping trap is one that grips the mammal's body or body
part, including, but not limited to, steel-jawed leghold traps,
padded-jaw leghold traps, conibear traps, and snares. Cage and
box traps, nets, suitcase-type live beaver traps, and common rat
and mouse traps shall not be considered body-gripping traps.
(b) It is unlawful for any person to buy, sell, barter, or
otherwise exchange for profit, or to offer to buy, sell, barter, or
otherwise exchange for profit, the raw fur, as defined by Section
4005, of any fur-bearing mammal or nongame mammal that
was trapped in this state, with a body-gripping trap as
described in subdivision (a).
(c) It is unlawfulfor any person, including an employee of the
federal, state, county, or municipal government, to use or
authorize the use of any steel-jawed leghold trap, padded or
otherwise, to capture any game mammal, fur-bearing mammal,
nongame mammal, protected mammal, or any dog or cat.
The prohibition in this subdivision does not apply to federal,
state, county, or municipal government employees or their duly
authorized agents in the extraordinary case where the otherwise
prohibited padded-jaw leghold trap is the only method available
to protect human health or safety.
(d) For purposes of this section, fur-bearing mammals, game
mammals, nongame mammals, and protected mammals are
those mammals so defined by staJute on January 1, 1997.
SEC. 2. Section 3003.2 is added to the Fish ana Game
Code, to read:
3003.2. Notwithstanding Sections 4003, 4152, 4180, or
4180.1 of this code or Section 14063 of the Food and
Agricultural Code, no person, including an employee of the
federal, state, county, or municipal government, may poison or
attemp~ to poison any animal by using sodium fluoroacetate,
also known as Compound 1080, or sodium cyanide.
SEC. 3. Section 12005.5 is added to the Fish and Game
Code, to read:
12005.5. Notwithstanding Sections 12000 and 12002, a
violation of Section 3003.1 or 3003.2, or any rule or regulation
adopted pursuant thereto, is punishable by a fine of not less
than three hundred dollars· ($300) or more than two thousand
dollars ($2,000), or by imprisonment in the county jail for not
more than one year, or by both that fine and imprisonment. The
Legislature may increase, but may not decrease, these penalties.
Proposition 5: Text of Proposed Law
This initiative measure is submitted to the people in
accordance with the provisions of Article II, Section 8 of the
California Constitution.
This initiative measure adds sections to the Government
Code; therefore, new provisions proposed to be added are
printed in italic type to indicate that they are new.
PROPOSED LAW
SECTION 1. Title 16 (commencing with Section 98000) is
added to the Government Code, to read:
TITLE 16. STATE-TRIBAL AGREEMENTS
GOVERNING INDIAN GAMING
CHAPTER 1.
THE TRIBAL GOVERNMENT GAMING AND ECONOMIC
SEL~-SUFFICIENCY ACT OF 1998
98000. This chapter shall be known and may be cited as
"The Tribal Government Gaming and Economic Self-Sufficiency
Act of 1998."
98001. ("a) The people of the State of California find thqt,
historically, Indian tribes within the state have long suffered
from high rates of unemployment and inadequate educational,
housing, elderly care, and health care opportunities, while
typically being located on lands that are !tot conducive to
economic development in order to meet those needs. Federal law
provides a statutory basis for conducting licensed and regulated
tribal government gaming on, and limited to, qualified Indian
lands, as a means of strengthening tribal. self-sufficiency
through the creation of jobs and tribal economic development.
86
Federal law also provides that certain forms of gaming, known
as "class III gaming,~' will be the subject of an agreement
between a tribe and ,the state (a "Tribal-State compact"),
pursuant to which that gaming will be governed.
(b) The people of the state find that uncertainties have
developed over various issues concerning class III gaming and
the development of Tribal-State compacts between the state and
tribes, and that those uncertainties have led to delays and
considerable expense. The Tribal-State compact terms set forth
in Section 98004 (the "Gaming Compact"), including the
geographic confinement of that gaming to certain tribal lands,
the agreement and limitations on the kinds of class III gaming
in which a tribe operating thereunder may be engaged, and the
regulation and licensing required thereunder, are· intended to
resolve those uncertainties in an efficient and cost-effective way,
while meeting the basic and mutual needs of the state and the
tribes without undue delay. The resolution of uncertainty
regarding class. III gaming in California, the generation of
employment and tribal economic development that will result
therefrom, and the limitations on the growth of gaming in
California that are inherent therein, are in the best and
immediate interest of all citizens of the state. This chapter has
been enacted as a matter of public policy and in recognition that
it fulfills important state needs. All of the factors the state could
consider in negotiating a Tribal-State compact under federal
law have been taken into account in offering to tribes the terms
set forth i'h the Gaming Compact.
(c) The people of the state further find that casinos of the type
currently operating in Nevada and New Jersey are materially
G98